DUNCAN, J.
Under the terms of its agreement with the defendant surety, the contractor, as principal on the bond, assigned to the surety "any and all moneys . . . that may become due and payable at the time of . . . default, or that may thereafter become due and payable . . . on account of said contract." It is evident from the agreed facts, that a default occurred within the meaning of the contract between the contractor and the surety at least as early as April 4...
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